Magic 8 Ball

Re: MAGIC 8 BALL

Dear Mr. DeGraeve:

We are attorneys for Mattel, Inc.

As you probably now, Mattel is one of the world's largest manufacturers of consumer products, including toys, games and dolls. Mattel owns the trademark MAGIC 8 BALL, as well as numerous trademark registrations for that mark throughout the world, including United States Trademark Registration No. 743727. The MAGIC 8 BALL trademark has been used consistently since at least 1950. On connection with that use, Mattel and its lecensees have sold millions of dollars of merchandise. MAGIC 8 BALL is therfore an extraordinarily valuable and famous trademark.

We are writing because Mattel has learned that you are hosting a website at the URL http://www.degraeve.com/magiceightball/ are using the MAGIC 8 BALL trademark in a commercial manner to attract attention and traffic to your site. This use of MAGIC 8 BALL infringes Mattel's MAGIC 8 BALL trademark in violation of 15 U.S.C. § 1114(a), and dilutes the MAGIC 8 BALL trademark in violation of 15 U.S.C. § 1125(c).

In addition to pursuing whatever rights it may have under law, Mattel demands that you (i) immediately cease and desist from using the MAGIC 8 BALL mark on your site and (ii) confirm to us that you have done so.